In a significant move to bolster community safety, the New South Wales government has unveiled a suite of new legislative measures aimed at curbing hate speech and restricting protest rights. Premier Chris Minns announced the plans, which come in the wake of the Bondi Junction terror attack that claimed 15 lives.
Core Components of the Proposed Legislation
The proposed reforms are multifaceted, targeting several areas of public order law. The government intends to ban the public display of symbols associated with listed terrorist organisations. This list includes groups such as Islamic State, al-Qaeda, Hamas, Hezbollah, and Boko Haram. While federal laws already prohibit such displays, NSW Attorney General Michael Daley stated the state law would be simpler to enforce, with penalties of up to two years in prison, mirroring the existing ban on Nazi symbols.
Furthermore, police will be granted enhanced powers. They will be able to require individuals suspected of committing any offence at a public assembly to remove face coverings. This expands existing powers, which only applied to serious indictable offences. Premier Minns defended this change, asserting it would help police identify those responsible for offensive or hateful conduct, while maintaining it would not infringe on the rights of women wearing religious coverings.
Crackdown on Specific Phrases and Protest Powers
A particularly contentious element of the announcement is the plan to explicitly ban the phrase "globalise the intifada" under the state's hate speech laws. Minns stated he would insist the phrase is included on the list of prohibited hateful rhetoric. The government will refer the expanded hate speech laws to a parliamentary committee to ensure they withstand legal challenge, with an aim to enact the ban in the new year.
When asked about the phrase "from the river to the sea," Minns said he would not prejudge the committee's work. The government also flagged further action against preachers and community figures promoting violence, aligning with a recent federal crackdown.
Separately, the reforms include a new power that would allow authorities to effectively ban protests for three months following a declared terrorism event. This change, linked by Minns to recent pro-Palestine rallies, is part of a package that also limits gun owners to holding a maximum of four firearms.
Immediate Implications and Legal Pathways
While the specific bans on protests and the phrase "globalise the intifada" await legislation, Premier Minns issued a stark warning. He indicated that based on government advice, chanting the phrase may already breach existing hate speech laws. "You're running a very risky racket if you're thinking of using that phrase before the bill goes through," he cautioned.
He also warned that any unauthorised protests attempting to take over streets would be met with the full force of the law, with police promising a significant response to large-scale gatherings. All proposed reforms must still pass the NSW parliament, which is set to sit imminently. Attorney General Daley confirmed he has briefed the opposition and will engage with the crossbench.
Minns expressed confidence in the constitutionality of the protest-limiting measures, stating his cabinet, including members who have previously marched for Gaza, unanimously supports the reforms as essential. Daley added that the government's legislative efforts would be ongoing, vowing to close any future loopholes. "We will not stop. This process will never end," he declared.
